Can I introduce new evidence in a small claims court hearing after it has started?
Yes, you can introduce new evidence in a small claims court hearing after it has started in Indiana. The Indiana Rules of Trial Procedure state that the judge presiding over a small claims case may, at any time during the hearing, "permit additional evidence to be taken without prejudice to any party." The judge has the authority to determine whether the evidence is relevant and probative, and can also consider the fact that the evidence was not available at the time of the hearing in deciding whether to allow it. It is important to remember that while the judge may choose to allow new evidence, it is at their discretion, and they are most likely to do so if the evidence is relevant to the case. It is also important to remember that if you plan to present new evidence, the other party must be given an opportunity to respond to it. In addition to the judge’s discretion, the parties agree to the evidence that will be heard prior to the hearing. This serves as a reminder that it is always best to present as much evidence as you can prior to the hearing to ensure the hearing can be resolved efficiently and accurately.
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